Ebb And Flow Forest School Liability Waiver
LIABILITY WAIVER, RELEASE OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AGREEMENT, AND INFORMED CONSENT
Ebb and Flow Forest School Inc.
St. George, Ontario, Canada
PLEASE READ CAREFULLY – THIS IS A LEGALLY BINDING DOCUMENT
By signing this document, you are waiving certain legal rights, including the right to sue.
1. DEFINITIONS
- "Program" includes all activities, instruction, events, and use of property associated with Ebb and Flow Forest School Inc.
- "Participant" means the child enrolled.
- "Parent/Guardian" means the undersigned legal guardian.
- "Property" includes all indoor/outdoor areas, forests, trails, fields, driveways, parking areas, structures, equipment, and any third-party lands used.
- "Releasees" includes Ebb and Flow Forest School Inc., its owners, directors, officers, employees, volunteers, contractors, agents, instructors, and landowners.
2. INFORMED CONSENT AND ASSUMPTION OF ALL RISKS
The Parent/Guardian acknowledges that the Program is nature-based and involves inherent, obvious, and unforeseeable risks. The Parent/Guardian understands that not all hazards can be anticipated or eliminated.
Risks include, but are not limited to:
Environmental Hazards
- Uneven terrain, holes, roots, rocks, mud, loose gravel
- Ice, snow, slippery or unstable surfaces
- Falling branches, trees, or natural debris (including without warning)
- Exposure to extreme or changing weather (heat, cold, wind, rain, lightning)
- Water hazards including ponds, runoff areas, and wet ground
Wildlife and Natural Exposure
- Encounters with animals (domestic or wild)
- Insects, ticks, and risk of Lyme disease or other illnesses
- Contact with plants causing allergic reactions, poisoning, or irritation
Activity Risks
- Climbing trees, logs, and natural structures
- Use of tools (including knives, saws, ropes, and similar equipment)
- Campfires, sparks, burns, and smoke inhalation
- Running, jumping, rough play, and group activities
- Construction of shelters or structures
Access and Supervision Risks
- Limited or delayed access to emergency services due to outdoor setting
- Reduced or variable supervision depending on activity type
- Participant decision-making and behavior
Property and Access Risks
- Driveway hazards, vehicle movement, uneven parking areas
- Entering/exiting vehicles
- Shared or rural access points
Additional Risks
- Illness, including communicable illness
- Negligence, including failure to safeguard or protect from risks
The Parent/Guardian freely and voluntarily accepts and fully assumes all risks, including risk of serious injury, permanent disability, or death.
3. RELEASE OF LIABILITY (INCLUDING NEGLIGENCE)
In consideration of participation, the Parent/Guardian agrees to release and forever discharge the Releasees from any and all claims, demands, damages, costs, expenses, actions, or causes of action arising out of or related to any injury, loss, or death of the Participant.
This release applies to:
- All known and unknown risks
- All foreseeable and unforeseeable injuries
- Any negligence on the part of the Releasees
4. INDEMNITY AND HOLD HARMLESS
The Parent/Guardian agrees to indemnify and hold harmless the Releasees from any and all liability, claims, demands, damages, costs, or expenses (including full legal fees on a solicitor-client basis) arising from or related to the Participant’s involvement in the Program.
5. HIGH-RISK ACTIVITY CONSENT
The Parent/Guardian specifically acknowledges and consents to higher-risk activities, including:
- Tool use (cutting tools, carving tools, etc.)
- Fire building and campfire interaction
- Tree climbing and elevated play
The Parent/Guardian understands these activities increase the risk of serious injury and explicitly consents to participation.
6. MEDICAL AUTHORIZATION
The Parent/Guardian authorizes the Releasees to obtain medical treatment for the Participant if deemed necessary.
The Parent/Guardian:
- Accepts full financial responsibility for all medical care
- Acknowledges emergency response may be delayed due to location
7. PROPERTY CONDITION ACKNOWLEDGEMENT
The Parent/Guardian acknowledges that:
- The Property is a natural environment and not hazard-free
- Hazards may be hidden, unmarked, or change without notice
- Conditions are not comparable to indoor or municipal facilities
8. RULES, BEHAVIOUR, AND REMOVAL
The Participant must follow all instructions and rules. Unsafe or disruptive behaviour may result in removal from the Program without refund.
9. DAILY PARTICIPATION ACKNOWLEDGEMENT
By attending each day, the Parent/Guardian confirms ongoing acceptance of this Agreement and all associated risks.
10. SEASONAL AND WEATHER RISK ACKNOWLEDGEMENT
The Parent/Guardian acknowledges additional seasonal risks, including:
- Winter: ice, extreme cold, frostbite risk
- Spring/Fall: mud, unstable ground
- Summer: heat exhaustion, dehydration, increased insect exposure
Participation occurs in varying weather conditions unless otherwise communicated.
11. SEVERABILITY
If any part of this Agreement is deemed unenforceable, all remaining provisions remain in full force.
12. GOVERNING LAW
This Agreement is governed by the laws of Ontario and Canada.
13. ACKNOWLEDGEMENT OF UNDERSTANDING
The Parent/Guardian confirms:
- They have read and fully understood this Agreement
- They understand they are giving up legal rights, including the right to sue
- They are signing voluntarily